093_HB2299eng

 
HB2299 Engrossed                     LRB093 07288 MKM 07447 b

 1        AN ACT in relation to municipalities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Municipal Code is amended by
 5    changing Section 11-91-1 as follows:

 6        (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1)
 7        Sec. 11-91-1.  Whenever the corporate authorities of  any
 8    municipality,  whether  incorporated  by special act or under
 9    any general law, determine that the public interest  will  be
10    subserved  by  vacating any street or alley, or part thereof,
11    within their jurisdiction in any incorporated area, they  may
12    vacate   that  street  or  alley,  or  part  thereof,  by  an
13    ordinance.  The ordinance shall provide the legal description
14    or permanent index number of the particular parcel or parcels
15    of property acquiring title to  the  vacated  property.   But
16    this  ordinance shall be passed by the affirmative vote of at
17    least   three-fourths   of   the   aldermen,   trustees    or
18    commissioners  then holding office.  This vote shall be taken
19    by ayes and noes and entered on the records of the  corporate
20    authorities.
21        No ordinance shall be passed vacating any street or alley
22    under   a   municipality's   jurisdiction   and   within   an
23    unincorporated  area  without  notice  thereof  and a hearing
24    thereon.  At least 15 days prior to such a hearing, notice of
25    its time, place and subject matter shall be  published  in  a
26    newspaper  of  general  circulation within the unincorporated
27    area which the street or alley proposed for vacation  serves.
28    At   the  hearing  all  interested  persons  shall  be  heard
29    concerning the proposal for vacation.
30        The ordinance  may  provide  that  it  shall  not  become
31    effective  until  the  owners of all property or the owner or
 
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 1    owners of a particular parcel or parcels of property abutting
 2    upon the street or alley, or part thereof so  vacated,  shall
 3    pay  compensation  in an amount which, in the judgment of the
 4    corporate authorities, shall be the fair market value of  the
 5    property  acquired  or  of  the benefits which will accrue to
 6    them by reason of that vacation, and if there are any  public
 7    service  facilities in such street or alley, or part thereof,
 8    the ordinance may also reserve to the municipality or to  the
 9    public  utility,  as the case may be, owning such facilities,
10    such property,  rights  of  way  and  easements  as,  in  the
11    judgment  of  the  corporate  authorities,  are  necessary or
12    desirable for continuing public service  by  means  of  those
13    facilities    and    for   the   maintenance,   renewal   and
14    reconstruction thereof.  If the ordinance provides that  only
15    the  owner  or  owners  of  one particular parcel of abutting
16    property shall make payment, then the owner or owners of  the
17    particular  parcel  shall acquire title to the entire vacated
18    street or alley, or the part thereof vacated.
19        The determination of the corporate authorities  that  the
20    nature  and extent of the public use or public interest to be
21    subserved in such as to warrant the vacation of any street or
22    alley, or part thereof, is conclusive,  and  the  passage  of
23    such   an   ordinance   is   sufficient   evidence   of  that
24    determination, whether so recited in the  ordinance  or  not.
25    The   relief   to   the   public   from  further  burden  and
26    responsibility of maintaining any street or  alley,  or  part
27    thereof,   constitutes   a  public  use  or  public  interest
28    authorizing the vacation.
29        When property is damaged by the vacation  or  closing  of
30    any street or alley, the damage shall be ascertained and paid
31    as provided by law.
32    (Source: P.A. 90-179, eff. 7-23-97.)

33        Section  99.  Effective date.  This Act takes effect upon
 
HB2299 Engrossed            -3-      LRB093 07288 MKM 07447 b
 1    becoming law.